Journal of the House of Lords Volume 37, 1783-1787. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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'House of Lords Journal Volume 37: April 1785 11-20', in Journal of the House of Lords Volume 37, 1783-1787( London, 1767-1830), British History Online https://prod.british-history.ac.uk/lords-jrnl/vol37/pp229-242 [accessed 23 December 2024].
'House of Lords Journal Volume 37: April 1785 11-20', in Journal of the House of Lords Volume 37, 1783-1787( London, 1767-1830), British History Online, accessed December 23, 2024, https://prod.british-history.ac.uk/lords-jrnl/vol37/pp229-242.
"House of Lords Journal Volume 37: April 1785 11-20". Journal of the House of Lords Volume 37, 1783-1787. (London, 1767-1830), , British History Online. Web. 23 December 2024. https://prod.british-history.ac.uk/lords-jrnl/vol37/pp229-242.
In this section
April 1785 11-20
DIE Lunæ, 11o Aprilis 1785.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Grove et al. against Sir J. Grant.
After hearing Counsel in Part in the Cause, wherein Mrs. Martha Grove and others are Appellants, and Sir James Grant of Grant Baronet is Respondent:
It is Ordered, That the further Hearing of the said Cause be put off to Wednesday next; and that the Cause which stands for Wednesday next be put off to Friday next; and that the rest of the Causes on Cause Days be removed in Course.
Colerne Enclosure Bill.
The Lord Scarsdale reported from the Lords Committees, to whom the Bill, intituled, "An Act for dividing and enclosing the several Open and Common arable Fields, and the Down or Common called Co lerne Down, within the Parish of Colerne, in the County of Wilts," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."
Timberland Drainage Bill.
The Lord Scarsdale made the like Report from the Lords Committees, to whom the Bill, intituled, An Act for draining and preserving certain Low Lands within the Parish of Timberland, in the County of Lincoln," was committed.
Militia Pay Bill.
Hodie 1a vice lecta est Billa, intituled, "An Act for defraying the Charge of the Militia in that Part of Great Britain called England, for One Year, beginning the Twenty-fifth Day of March One Thousand seven hundred and eighty-five."
Uxbridge Paving &c. Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for taking down the present Market House and certain other Buildings in the Town of Uxbridge, for the Purpose of widening the high Street; and for paving the Foot Ways, and lighting and cleansing the Streets and other Places within the said Town, and removing and preventing Nuisances and Annoyances therein; and for changing the Course of the Road between Mercer's Bridge and High Bridge, and for rebuilding the said Market House."
Ordered, That the said Bill be committed to the Consideration of the Lords following:
Their Lordships, or any Five of them, to meet To-morrow, at Ten o'Clock in the Forenoon, in the Prince's Lodgings, near the House of Peers; and to adjourn as they please.
Bermondsey Paving Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for better paving, cleansing, lighting, and watching the Streets, Lanes, Yards, Courts, Alleys, and Passages within that Part of the Parish of Saint Mary Magdalen, Berntondsey, in the County of Surrey, called the Water Side Division; and for removing and preventing Nuisances and Annoyances therein; and for lighting and watching certain Parts of and belonging to the Turnpike Road leading from the East End of New Street in Southwark to Deptford, in the County of Kent, within the said Water Side Division of the Parish therein mentioned."
Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them, to meet on the same Day at the same Place; and to adjourn as they please.
Wykeham Enclosure Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for dividing and enclosing the several Common Pastures, Commons, or Waste Grounds within the Townships of Wykeham and Ruston, in the Manor of Wykeham, in the North Riding of the County of York."
Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them, to meet on Thursday next at the usual Time and Place; and to adjourn as they please.
Liverpool Docks Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act to enlarge the Term and Powers of several Acts relating to the Harbour of Liverpool; and for making Two additional Docks and Piers in or near the Port of Liverpool."
The Question was put, "Whether this Bill shall pass?"
It was resolved in the Affirmative.
Message to H. C. that the Lords have agreed to it.
A Message was sent to the House of Commons, by Mr. Thomson and Mr. Pepys:
To acquaint them, That the Lords have agreed to the said Bill, without any Amendment.
Pemberton to take the name of Cludde, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act to enable William Pemberton Esquire, and his First and other Sons and their Issue, to take, use, and bear the Name and Arms of Cludde, pursuant to the Will of Edward Cludde Esquire deceased."
The Question was put, "Whether this Bill shall pass?"
It was resolved in the Affirmative.
Message to H. C. with it.
A Message was sent to the House of Commons, by the former Messengers:
To carry down the said Bill, and desire their Concurrence thereto.
Sir E. Blackett et al. Leave for a Bill:
After reading and considering the Report of the Judges, to whom was referred the Petition of Sir Edward Blackett Baronet and others, praying Leave to bring in a private Bill, for the Purposes therein mentioned:
It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.
Bill read.
Hodie 1a vice lecta est Billa, intituled, "An Act for better regulating the Charity of John Shaftoe of Nether Warden, in the County of Northumberland, Clerk, deceased."
Johnstone et al. against Tenant and Gray.
A Petition of Alexander Tenant and William Gray, Respondents in a Cause depending in this House, to which Andrew Johnstone and others are Appellants, which stands appointed for hearing, was presented and read, setting forth, "That the Question in this Cause, is connected with a Question to be decided by a Committee of the House of Commons, on a Petition complaining of an undue Election of a Member of of Parliament, to represent the Burghs of Kilrenny, Anstruther Easter, Anstruther Wester, Pittenweem, and Crail, which Committee is appointed to be ballotted for on Thursday the 5th Day of May next;" and therefore praying "Their Lordships will be pleased to order that this Cause, be appointed to be heard on Thursday the 28th Day of this Instant April, or on such other Bye-day, as to their Lordships shall seem meet."
And thereupon the Agents on both Sides were called in and heard at the Bar:
And being withdrawn:
Ordered, That this House will hear the said Cause, by Counsel at the Bar, on Thursday the 28th Day of this Instant April, as desired.
Judges Reports, Time for receiving, enlarged.
Ordered, That the Time limited for receiving Reports from the Judges, upon Petitions presented to this House for private Bills, be enlarged to Friday the 15th Instant.
Meriden Enclosure Bill.
A Message was brought from the House of Commons, by Sir George Shuckburgh and others:
With a Bill, intituled, "An Act for dividing and enclosing the Common Fields, Common Meadows, Heath and Waste Lands, lying within the Manor and Parish of Meriden, in the County of Warwick, pursuant to an Agreement entered into for that Purpose;" to which they desire the Concurrence of this House.
Sunderland Harbour Bill.
A Message was brought from the House of Commons, by Mr. Tempest and others:
With a Bill, intituled, "An Act for the better Preservation and Improvement of the River Wear and Port and Haven of Sunderland, in the County Palatine of Durham;" to which they desire the Concurrence of this House.
Egleston Enclosure Bill.
A Message was brought from the House of Commons, by Mr. Tempest and others:
With a Bill, intituled, "An Act for dividing and enclosing certain Parts of the Moors, Commons, and Waste Lands, within the Manor of Egleston, in the County of Durham;" to which they desire the Concurrence of this House.
The said three Bills were, severally, read the First Time.
V. Falmouth's Estate Bill.
A Message was brought from the House of Commons, by Mr. Call and others:
To return the Bill, intituled, "An Act to enable the Right Honourable George Evelyn, Viscount Falmouth and others, and the Guardians of their issue Male, to make Leases of the Estates in Cornwall, devised by the Will of Hugh late Viscount Falmouth, deceased; and also to grant Setts and Leases of the Mines therein;" and to acquaint this House, That they have agreed to the same, without any Amendment.
Fraser against Lord Advocate for Scotland.
Upon reading the Petition of Archibald Fraser Esquire, Appellant in a Cause depending in this House, and of His Majesty's Advocate for Scotland Respondent thereto, which stands appointed for hearing, setting forth, "That the Parties in this Cause are desirous that the hearing thereof should be for some Time delayed;" and therefore praying their Lordships, "That the Hearing of the said Cause be postponed till after all those already appointed:"
It is Ordered, That the Hearing of the said Cause be put off till after the Causes already appointed, as desired.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, duodecimum diem instantis Aprilis, horâ undecimâ Auroræ, Dominis sic decernentibus.
DIE Martis, 12o Aprilis 1785.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Bermondsey Paving Bill.
The Lord Scarsdale reported from the Lords Committees, to whom the Bill, intituled, "An Act for better paving; cleansing, lighting, and watching, the Streets, Lanes, Yards, Courts, Alleys, and Passages, within that Part of the Parish of Saint Mary Magdalen, Bermondsey, in the County of Surrey, called the Water Side Division; and for removing and preventing Nuisances and Annoyances therein; and for lighting and watching certain Parts of and belonging to the Turnpike Road, leading from the East End of New Street in Southwark to Deptford in the County of Kent, within the said Water Side Division of the said Parish therein mentioned," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true, and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."
Uxbridge Paving, &c. Bill.
The Lord Scarsdale made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for taking down the present Market House, and certain other Buildings in the Town of Uxbridge, for the Purpose of widening the High Street; and for paving the Footways, and lighting and cleansing the Streets and other Places within the said Town, and removing and preventing Nuisances and Annoyances therein; and for changing the Course of the Road between Mercer's Bridge and High Bridge, and for rebuilding the said Market House," was committed.
Colerne Enclosure Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for dividing and enclosing the several Open and Common arable Fields, and the Down or Common called Colerne Down, within the Parish of Colerne, in the County of Wilts."
The Question was put, "Whether this Bill shall pass?"
It was resolved in the Affirmative.
Timberland Drainage Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for draining and preserving certain low Lands within the parish of Timberland, in the County of Lincoln."
The Question was put, "Whether this Bill shall pass?"
It was resolved in the Affirmative.
Messages to H. C. that the Lords have agreed to the Two preceding Bills.
And Messages were, severally, sent to the House of Commons, by Mr. Pepys and Mr. Thomson:
To acquaint them, That the Lords have agreed to the said Bills, without any Amendment.
Meriden Enclosure Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Common Fields, Common Meadows, Heath and Waste Lands, lying within the Manor and Parish of Meriden, in the County of Warwick, pursuant to an Agreement entered into for that Purpose."
Ordered, That the said Bill be committed to the Consideration of the Lords following:
Their Lordships, or any Five of them, to meet To-Morrow at Ten o'Clock in the Forenoon, in the Prince's Lodgings, near the House of Peers; and to adjourn as they please.
Sunderland Harbour Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for the better Preservation and Improvement of the River Wear and Port and Haven of Sunderland in the County Palatine of Durham."
Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them, to meet on the same Day, at the same Place; and to adjourn as they please.
Egleston Enclosure Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for dividing and enclosing certain Parts of the Moors, Commons and Waste Lands, within the Manor of Egleston in the County of Durham."
Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them, to meet on the same Day, at the same Place; and to adjourn as they please.
Militia Pay Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for defraying the Charge of the Militia in that Part of Great Britain called England, for One Year, beginning the Twenty-fifth Day of March One thousand Seven hundred and eighty five."
Ordered, That the said Bill be committed to a Committee of the whole House.
Ordered, That the House be put into a Committee upon the said Bill To-morrow.
Wharton's Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for vesting the Estates devised by the Will of Anthony Wharton Esquire, deceased, situate and being in the County of York, in Trustees, to be sold for Payment of the Debts and Incumbrances affecting the same; and for laying out the Surplus of the Purchase Money upon the Trusts, and for the Purposes therein expressed."
Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them, to meet on Wednesday the 27th Day of this Instant April, at the usual Time and Place; and to adjourn as they please.
Shastoe's Charity Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for better regulating the Charity of John Shaftoe, of Nether Warden in the County of Northumberland, Clerk, deceased."
Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them, to meet on Thursday the 28th Day of this Instant April, at the usual Time and Place; and to adjourn as they please.
Coxes, Leave for a Bill.
After reading and considering the Report of the Judges, to whom was referred the Petition of Henry Hippisley Coxe Esquire, and Charles Hippisley Coxe Esquire, praying Leave to bring in a private Bill for the Purposes therein mentioned:
It is Ordered, That Leave be given to bring in a Bill pursuant to the said Petition and Report.
Bill read.
Hodie 1a vice lecta est Billa, intituled, "An Act for vesting certain detached Parts of the settled Estates of Henry Hippisley Coxe Esquire, in Somersetshire, in Trustees, to be sold, and for laying out the Purchase Money in other Estates, to be settled to the same Uses; and for enabling the Tenants for Life to grant as well Leases of the Coal-Mines as other Leases."
Fitzmaurice against Inchiquin.
Upon reading the Petition and Cross-Appeal of John Hamilton Fitzmaurice an Infant, by his next Friend; complaining of Part of a Decree of the Court of Chancery of the 3d of February 1784; and praying, "That the same may be varied or altered, or that the Appellant may have such other Relief in the Premises as to this House, in their Lordships' great Wisdom, shall seem meet, and the Nature and Circumstances of the Case may require; And that the Right Honourable Morough O'Bryen, Earl of Inchiquin, in the Kingdom of Ireland, may be required to answer the said Appeal:"
It is Ordered, That the said Earl of Inchiquin may may have a Copy of the said Appeal, and do put in his Answer thereunto in Writing on or before Tuesday the 26th Day of this Instant April.
The House was adjourned during Pleasure.
The House was resumed.
Public Offices Bill.
The Order of the Day being read for the Third reading of the Bill, intituled, "An Act for appointing Commissioners to enquire into the Fees, Gratuities, Perquisites, and Emoluments which are or have been lately received in the several Public Offices therein mentioned; to examine into any Abuses which may exist in the same, and to report such Observations as shall occur to them for the better conducting and managing the Business transacted in the said Offices:"
The said Bill was accordingly read the Third Time.
Then the following Amendments were proposed to be made to the Amendments made to the said Bill:
In the Amendment, Pr. 2. L. 40. After ("shall") insert ("from Time to Time")
Pr. 4. L. 11. and 12. After ("Persons") insert ("employed") and in the same Line after ("under") insert ("the Principal Officers in")
The same were agreed to, and ordered accordingly.
The Question was put, "Whether this Bill, with the Amendments, shall pass?"
It was resolved in the Affirmative.
Message to H. C. with Amendments to it.
A Message was sent to the House of Commons, by the former Messengers:
To return the said Bill and acquaint them, That the Lords have agreed to the same, with some Amendments, to which their Lordships desire their Concurrence.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, decimum tertium diem instantis Aprilis, horâ undecimâ Auroræ, Dominis sic decernentibus.
DIE Mercurii, 13o Aprilis 1785.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS
Hill against Buchanan.
The Answer of John and George Buchanan of Glasgow, Merchants, to the Appeal of James Hill Writer in Glasgow, Trustee upon the sequestrated Estate of Wilson and Brown of Glasgow, Merchants, was this Day brought in.
Grove et al. against Sir J. Grant.
After hearing Counsel further in the Cause, wherein Mrs. Martha Grove and others are Appellants, and Sir James Grant of Grant Baronet is Respondent:
It is Ordered, That the further Hearing of the said Cause be put off to Friday next; and that the Cause which stands for Friday next be put off to Monday next; and that the rest of the Causes on Cause Days be removed in Course.
Sunderland Harbour Bill.
The Lord Scarsdale reported from the Lords Committees, to whom the Bill, intituled, "An Act for the better Preservation and Improvement of the River Wear and Port and Haven of Sunderland, in the County Palatine of Durham," was committed: That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."
Meriden Enclosure Bill.
The Lord Scarsdale also reported from the Lords Committees, to whom the Bill, intituled, "An Act for dividing and enclosing the Common Fields, Common Meadows, Heath and Waste Lands, lying within the Manor and Parish of Meriden, in the County of Warwick, pursuant to an Agreement entered into for that Purpose," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."
Egleston Enclosure Bill.
The Lord Scarsdale made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for dividing and enclosing certain Parts of the Moors, Commons, and Waste Lands, within the Manor of Egleston, in the County of Durham," was committed.
Bermondsey Paving Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for better paving, cleansing, lighting, and watching the Streets, Lanes, Yards, Courts, Alleys, and Passages, within that Part of the Parish of Saint Mary Magdalen, Bermondsey, in the County of Surry, called The Water-side Division, and for removing and preventing Nuisances and Annoyances therein, and for lighting and watching certain Parts of and belonging to the Turnpike Road leading from the East End of New Street in Southwark, to Deptford in the County of Kent, within the said Water-side Division of the said Parish therein mentioned."
The Question was put, "Whether this Bill shall pass?"
It was resolved in the Affirmative.
Uxbridge Paving, &c. Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for taking down the present Market-House and certain other Buildings in the Town of Uxbridge, for the Purpose of widening the High Street, and for paving the Footways and lighting and cleansing the Streets and other Places within the said Town, and removing and preventing Nuisances and Annoyances therein, and for changing the Course of the Road between Mercer's Bridge and High Bridge, and for rebuilding the said Market-House."
The Question was put, "Whether this Bill shall pass?"
It was resolved in the Affirmative.
Messages to H. C. that the Lords have agreed to the Two preceding Bills.
And Messages were, severally, sent to the House of Commons, by Mr. Pepys and Mr. Thomson:
To acquaint them, That the Lords have agreed to the said Bills, without any Amendment.
Coxe's Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for vesting certain detached Parts of the settled Estates of Henry Hippisley Coxe Esquire, in Somersetshire, in Trustees to be sold, and for laying out the PurchaseMoney in other Estates to be settled to the same Uses, and for enabling the Tenants for Life to grant as well Leases of the Coal Mines as other Leases."
Ordered, That the said Bill be committed to the Consideration of the Lords following:
Their Lordships, or any Five of them, to meet on Friday the 29th Day of this Instant April, at Ten o'Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.
Sir W. Maxwell's Petition to enlarge Time for receiving Judges' Report.
Upon reading the Petition of Sir William Maxwell of Munrieth Baronet, setting forth, "That the Petitioner lately presented a Petition to their Lordships, praying Leave to bring in a private Bill, which was referred to two of the Judges, who were to have taken the same into their Consideration on Monday last; that unfortunately for the Petitioner, one of his Witnesses, who had taken the Consents of several of the Heirs of Entail, residing at Bath and at Plymouth, and of which it was necessary to give Evidence before the Judges, died on Friday last, whereby the Petitioner is prevented from bringing in his Report from the Judges within the Time limited by their Lordships' Order; that the Petitioner is about to send another Person to Bath and Plymouth to take these Consents, and humbly hopes, that under the special Circumstances of this Case their Lordships will indulge him till this Day "Fortnight to bring in his Report;" and therefore praying, "That the Time limited for bringing in the Judges' Report on this Bill may be enlarged till this Day Fortnight:
It is Ordered, That the said Report from the Judges be received on Wednesday the 27th Day of this Instant April, as desired.
Blachford's Bill.
Ordered, That the Committee to whom the Bill, intituled, "An Act for establishing and confirming an Agreement between the Warden and Scholars, Clerks of Saint Mary College of Winchester, near Winchester in the County of Southampton, and their Lessee and Robert Pope Blachford Esquire, for Exchange of cercertain Grounds in the Parish of Whippingham, in the Isle of Wight and County of Southampton aforesaid," stands committed, be revived, and meet on Friday next.
Innes against Duff:
Upon reading the Petition of Alexander Innes, Appellant in a Cause depending in this House, to which James Duff is Respondent, which stands appointed for hearing, setting forth, "That the Subject of the Appeal being compromised by the Parties;" the Petitioner humbly prays their Lordships, "That he may have Liberty to withdraw his Appeal, the Agent for the said Respondent having signed the said Petition as consenting thereto:"
Appeal withdrawn.
It is Ordered, That the Petitioner be at Liberty to withdraw his said Appeal, as desired.
Agnew et al. Leave for a Bill.
After reading and considering the Report of the Judges, to whom was referred the Petition of Robert Agnew of Sheuchan Esquire and others, praying Leave to bring in a private Bill, for the Purposes therein mentioned:
It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.
Bill read.
Hodie 1a vice lecta est Billa, intituled, "An Act for empowering the Judges of the Court of Session in Scotland, to sell such Parts of the Estates of Barnbarroch and Sheuchan, lying in the County of Wigton and Stewartry of Kircudbright, belonging to Robert Agnew Esquire, as shall be sufficient for Payment of the Debts affecting either of those Estates, and for vesting the Remainder in Fee-tail to the same Heirs, and under the same Limitations as are mentioned in the Deed of Entail thereof, bearing Date the Twenty-ninth Day of December, One thousand seven hundred and fifty-seven."
Militia Pay Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for defraying the Charge of the Militia, in that Part of Great Britain called England, for One Year, beginning the Twenty-fifth Day of March One thousand seven hundred and eighty-five."
After some Time, the House was resumed:
And the Lord Scarsdale reported from the Committee, "That they had gone through the Bill, and directed him to report the same to the House, without any Amendment."
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, decimum quartum diem instantis Aprilis, horâ undecimâ Auroræ, Dominis sic decernentibus.
DIE Jovis, 14o Aprilis 1785.
Domini tam Spirituales quam Temporales præsentes fuerunt:
Epus. Bangor. Epus. Meneven. |
Ds. Thurlow, Cancellarius. Comes Gower, C. P. S. Comes Morton. Comes Galloway. Comes Oxford & Mortimer. Comes Mansfield. Viscount Weymouth. |
Ds. Loughborough. Ds. Bagot. |
PRAYERS.
Wykehai Enclosure Bill.
The Earl of Morton reported from the Lords Committees to whom the Bill, intituled, "An Act for dividing, and enclosing the several Common Pastures, Commons, or Waste Grounds, within the Townships of Wykeham and Ruston, in the Manor of Wykeham, in the North Riding of the County of York," was committed: "That they had considered the said Bill and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents to the Satisfaction of the Committee, and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."
Agnew's Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for empowering the Judges of the Court of Session in Scotland, to sell such Parts of the Estates of Barnbarroch and Sheuchan, lying in the County of Wigton and Stewartry of Kircudbright, belonging to Robert Agnew Esquire, as shall be sufficient for Payment of the Debts affecting either of those Estates, and for vesting the Remainder in Fee-tail to the same Heirs, and under the same Limitations, as are mentioned in the Deed of Entail thereof, bearing Date the Twenty-ninth Day of December, One thousand seven hundred and fifty-seven."
Ordered, That the said Bill be committed to the Consideration of the Lords following:
Ld. Privy Seal. E. Morton. E. Galloway. E. Oxford & Mortimer. E. Mansfield. V. Weymouth. |
L. Bp. Bangor. L. Bp. St. David's. |
L. Loughborough. L. Bagot. |
Their Lordships, or any Five of them, to meet on Monday the 2d Day of May next, at Ten o'Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.
Militia Pay Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for defraying the Charge of the Militia, in that Part of Great Britain called England, for One Year beginning the Twenty-fifth Day of March, One thousand seven hundred and eighty-five."
The Question was put, "Whether this Bill shall pass?"
It was resolved in the Affirmative.
Meriden Enclosure Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Common Fields, Common Meadows, Heath and Waste Lands, lying within the Manor and Parish of Meriden in the County of Warwick, pursuant to an Agreement entered into for that Purpose."
The Question was put, "Whether this Bill shall pass?"
It was resolved in the Affirmative.
Egleston Enclosure Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for dividing, and enclosing certain Parts of the Moors, Commons, and Waste Lands within the Manor of Egleston, in the County of Durham."
The Question was put, "Whether this Bill shall pass?"
It was resolved in the Affirmative.
Sunderland Harbour Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for the better Preservation, and Improvement of the River Wear, and Port and Haven of Sunderland, in the County Palatine of Durham."
The Question was put, "Whether this Bill shall pass?"
It was resolved in the Affirmative.
Messages to H. C. that the Lords have agreed to the Four preceding Bills.
And Messages were, severally, sent to the House of Commons by Mr. Pepys and Mr. Thomson:
To acquaint them, That the Lords have agreed to the said Bills, without any Amendment.
Cotes et al. Petition to enlarge Time for receiving Judges' Report.
Upon reading the Petition of John Cotes Esquire and others, setting forth, "That the Petitioners presented a Petition to their Lordships on the 25th Day of February last for Leave to bring in a Bill, for the Purposes therein mentioned, and the same was ordered to be referred to Two Judges, to consider and report thereon: That the Petitioners having prepared their Bill, they laid the same before the Lord Chief Baron and Mr. Justice Gould, who, in pursuance of the said Order, proceeded to consider the said Bill; but before any material Progress was made in the Consideration thereof, the Lord Chief Baron went out of Town, and desired the Petitioners would endeavour to enlarge the Time limited for receiving the Report, as he should not return till the Day before Term; that upon his Return to Town the Petitioners were prevented from proceeding on the said Bill by the Absence of a very material Witness, who could have come to Town during the Absence of the Lord Chief Baron, but at this Time is prevented by some Business of Consequence in the Country, which will detain him till the Beginning of next Week; so that they are apprehensive they cannot procure the Judges' Report before next Friday, for Want of his Testimony;" and therefore praying their Lordships, That the Time for receiving the said Report from the Judges may be enlarged to Friday the 22d of this Instant April:"
It is Ordered, That the said Report from the Judges be received on Friday the 22d of this Instant April, as desired.
Exchequer Loans Bill.
A Message was brought from the House of Commons, by Mr. Gilbert and others:
With a Bill, intituled, "An Act for raising a certain Sum of Money by Loans or Exchequer Bills, for the Service of the Year One Thousand seven hundred and eighty-five;" to which they desire the Concurrence of this House.
Exchequer further Loans Bill.
A Message was brought from the House of Commons, by Mr. Gilbert and others:
With a Bill, intituled, "An Act for raising a further Sum of Money by Loans or Exchequer Bills, for the Service of the Year One Thousand seven hundred and eighty-five;" to which they desire the Concurrence of this House.
Arun Navigation Bill.
A Message was brought from the House of Commons, by Mr. Fitzherbert and others:
With a Bill, intituled, "An Act for amending and improving the Navigation of the River Arun, from Houghton Bridge in the Parish of Houghton in the County of Sussex, to Pallenham Wharf in the Parish of Wisborough Green in the said County; and for continuing and extending the Navigation of the said River Arun from the said Wharf called Pallenham Wharf, to a certain Bridge called New Bridge situate in the Parishes of Pulborough and Wisborough Green in the said County of Sussex;" to which they desire the Concurrence of this House.
The said Three Bills were, severally, read the First Time.
Walwyn et Ux.Leave for a Bill:
After reading and considering the Report of the Judges, to whom was referred the Petition of James Walwyn of Longworth in the County of Hereford Esquire and Sarah his Wife; praying Leave to bring in a private Bill, for the Purposes therein mentioned:
It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.
Bill read.
Hodie 1a vice lecta est Billa, intituled, "An Act for vesting Part of the settled Estates of James Walwyn Esquire, in the County of Hereford, in the said James Walwyn in Fee Simple; and for settling other Estates of the said James Walwyn in the said County of greater Value, in Lieu thereof."
Osborne et al. Leave for a Bill:
After reading and considering the Report of the Judges, to whom was referred the Petition of Elizabeth Osborne Widow and others, praying Leave to bring in a private Bill, for the Purposes therein mentioned:
It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.
Bill read.
Hodie 1a vice lecta est Billa, intituled, "An Act to enable Elizabeth Osborne, William Symonds, Thomas Symonds Powell, and John Moore Green, their Heirs or Assigns, to convey certain Lands and Hereditaments in the Parish of Clehonger in the County of Hereford, and which are now subject to the Trusts of the Will of the late John Smith Esquire, in Exchange for other Lands in the same County of greater Value, to be conveyed to and held by them respectively upon the Trusts of the said Will of the said John Smith."
Ld. Milton, Leave for a Bill:
After reading and considering the Report of the Judges, to whom was referred the Petition of the Right Honourable Joseph Lord Milton, praying Leave to bring in a private Bill, for the Purposes therein mentioned:
It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.
Bill read.
Hodie 1a vice lecta est Billa, intituled, "An Act for vesting a Cottage or Tenement, used as and for a School House, and other Hereditaments in or near the Town of Milton in the County of Dorset, in Joseph Lord Milton and his Heirs, in Lieu of or in Compensation for a Messuage or Tenement and Garden situate and being in the Town of Blandford Forum of greater Value."
Causes put off.
Ordered, That the Hearing of the Cause, wherein James Gammill Merchant in Greenock is Appellant, and George Wright of New York Merchant is Respondent, which stands appointed for Monday next, be put off to Wednesday next; and that the rest of the Causes on Cause Days be removed in Course.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, decimum quintum diem instantis Aprilis, horâ undecimâ Auroræ, Dominis sic decernentibus.
DIE Veneris 15o Aprilis 1785.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Grove et al. against Sir J. Grant:
After hearing Counsel, as well on Monday the 11th and Wednesday the 13th, as this Day, upon the Petition and Appeal of Mrs. Martha Grove and others, the Creditors of the Governor and Company of Undertakers for raising Thames Water in York Buildings, in Behalf of themselves and others, the postponed Creditors of the said Company, complaining of Three Interlocutors of the Lords of Session in Scotland, of the 21st of July, the 24th of November, and 24th of December 1784; and praying, "That the same might be reversed, varied, or altered, or that the Appellants might have such other Relief in the Premises as to this House, in their Lordships' great Wisdom, should seem meet;" as also upon the Answer of Sir James Grant of Grant Baronet, put in to the said Appeal, and due Consideration had of what was offered on either Side in this Cause:
Interlocutors reversed, with Directions.
It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said several Interlocutors complained of in the said Appeal, be and the same are hereby reversed, without Prejudice to the Points thereon decided: And it is further Ordered, That the Cause be remitted back to the Court of Session in Scotland, to enquire, "Whether any Contract in question between the Governor and Company of Undertakers for raising the Thames Water in York Buildings, and the late Sir James Grant, be at this Time subsisting in Force, or the said Corporation in any Manner chargeable thereupon: "And it is further Ordered, That the said Court of Session do proceed thereupon and upon the rest of the Cause hereby remitted, according to Justice.
Exchequer Loans Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for raising a certain Sum of Money by Loans or Exchequer Bills, for the Service of the Year One thousand Seven hundred and eighty-five."
Ordered, That the said Bill be committed to a Committee of the whole House.
Ordered, That the House be put into a Committee upon the said Bill on Monday next.
Exchequer further Loans Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for raising a further Sum of Money by Loans or Exchequer Bills, for the Service of the Year One thousand seven hundred and eighty-five."
Ordered, That the said Bill be committed to a Committee of the whole House.
Ordered, That the House be put into a Committee upon the said Bill on Monday next.
Wykeham Enclosure Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for dividing and enclosing the several Common Pastures, Commons, or Waste Grounds, within the Townships of Wykeham and Ruston, in the Manor of Wykeham, in the North Riding of the County of York."
The Question was put, "Whether this Bill shall pass?"
It was resolved in the Affirmative.
Message to H. C. that the Lords have agreed to it.
A Message was sent to the House of Commons, by Mr.Pepys and Mr. Thomson:
To acquaint them, That the Lords have agreed to the said Bill, without any Amendment.
Osborne's Bill:
Hodie 2a vice lecta est Billa, intituled, "An Act to enable Elizabeth Osborne, William Symonds, Thomas Symonds Powell, and John Moore Green, their Heirs or Assigns, to convey certain Lands and Hereditaments in the Parish of Clehonger in the County of Hereford, and which are now subject to the Trusts of the Will of the late John Smith Esquire, in Exchange for other Lands in the same County of greater Value, to be conveyed to and held by them respectively upon the Trusts of the said Will of the said John Smith."
Ordered, That the said Bill be committed to the Consideration of the Lords following:
Their Lordships, or any Five of them, to meet on Wednesday the 4th Day of May next, at Ten o'Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.
Hanmer et al. Leave for a Bill:
After reading and considering the Report of the Judges, to whom was referred the Petition of Job Hanmer of Little Waldingfield in the County of Suffolk Esquire, and others, praying Leave to bring in a Private Bill, for the Purposes therein mentioned:
It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.
Bill read.
Hodie 1a vice lecta est Billa, intituled, "An Act to effectuate a Partition of the Estates of Job Hanmer Esquire, the Reverend Erasmus Warren Clerk, and Sir Thomas Charles Bunbury Baronet, in the Counties of Suffolk and Essex."
Portsea Enclosure Bill.
A Message was brought from the House of Commons, by Mr. Jervois and others:
With a Bill, intituled, "An Act for dividing and enclosing the Commons and Waste Lands called Frodrington, otherwise Fraddington, otherwise Fratton Common and South Sea Common, and Waste in the Guildable Part of the Parish of Portsea and County of Southampton;" to which they desire the Concurrence of this House.
Borrett's et Ux. Petition to enlarge Time for receiving Judges' Report.
Upon reading the Petition of Thomas Borrett of Shoreham in the County of Kent Esquire, and Martha his Wife, setting forth, "That the Petitioners have this Session of Parliament presented a Petition to their Lordships for Leave to bring in a Bill, for the Purposes therein mentioned; that the said Petition has been referred to the Lord Chief Baron and Mr. Baron Perryn, to consider and report; that the Petitioners have attended the said Judges, who have proceeded upon the Matter stated in the said Petition; but the Lord Chief Baron having been, since the said Reference, at Bath for his Health, and in his Absence Mr. Baron Perryn having been taken ill and consined in the Country, the said Judges have not yet had an Opportunity to confer together upon a final Consideration of the said Petition, and to settle their Report upon the same, whereby their Report must unavoidably be delayed beyond the Time limited for receiving Reports from the Judges;" and therefore praying, "That, in Consideration of the Circumstances above stated, their Lordships will allow further Time to the Judges to make their Report upon the said Petition:"
It is Ordered, That the said Report from the Judges be received on Monday the 25th of this instant April.
Parnell's Leave for a Bill:
After reading and considering the Report of the Judges, to whom was referred the Petition of Mary Parnell and Hugh Parnell her Eldest Son, praying Leave to bring in a private Bill for the Purposes therein mentioned:
It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.
Bill read.
Hodie 1a vice lecta est Billa, intituled, "An Act for vesting Part of the Estates of Hugh Parnell, a Lunatic, in Trustees, to be sold for Payment of his Debts and Incumbrances, under the Direction of the Court of Chancery."
Forbes et Ux. Leave for a Bill:
After reading and considering the Report of the Judges, to whom was referred the Petition of George Forbes Esquire and Mary his Wife, on Behalf of their Infant Children; praying Leave to bring in a private Bill for the Purposes therein mentioned:
It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.
Bill read.
Hodie 1a vice lecta est Billa, intituled, "An Act for vesting the undivided Moiety of the Freehold and Copyhold Estates of William Clarke Esquire, deceased, devised by his Will for the Benefit of his Daughter Mary Forbes and her Issue, in Trustees, for the Purposes within mentioned."
Lord Onslow et al. Leave for a Bill:
After reading and considering the Report of the Judges, to whom was referred the Petition of the Right Honourable George Lord Onslow and others; praying Leave to bring in a private Bill for the Purposes therein mentioned:
It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.
Bill read.
Hodie 1a vice lecta est Billa, intituled, "An Act for vesting Part of the settled Estates, and such of the Estates of the Right Honourable Sir John Shelley Baronet, deceased, which upon his Death descended to his Son Sir John Shelley Baronet, an Infant, as his Heir at Law, in Trustees, for the Purposes within mentioned."
Topp and Hanchett Leave for a Bill:
After reading and considering the Report of the Judges, to whom was referred the Petition of Richard Topp of Whitton in the County of Salop Esquire, and John Martin Hanchett, an Infant, praying Leave to bring in a private Bill for the Purposes therein mentioned:
It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.
Bill read.
Hodie 1a vice lecta est Billa, intituled, "An Act for vesting Part of the Estates of John Topp Esquire, deceased, in the Counties of Salop and Montgomery, in Trustees, to be sold, pursuant to the Directions of the Court of Chancery, for Payment of his Debts and Legacies, and the Costs of Suit, and for discharging Part of the Estates so vested from a perpetual yearly Rent Charge, and for subjecting Part of the said John Topp's devised Estates to the Payment thereof."
E. Aylesford and Whatman Leave for a Bill:
After reading and considering the Report of the Judges, to whom was referred the Petition of the Right Honourable Heneage Earl of Aylesford, and James Whatman Esquire; praying Leave to bring in a private Bill for the Purposes therein mentioned:
It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.
Bill read.
Hodie 1a vice lecta est Billa, intituled, "An Act for exchanging Part of the settled Estate of Heneage Earl of Aylesford in the County of Kent, for another Estate of greater Value in the same County, to be settled in Lieu thereof."
Bishop of Bangor et al. Petition to enlarge Time for receiving Judges' Report.
Upon reading the Petition of John Lord Bishop of Bangor, the Right Honourable Thomas Lord Bulkeley, and Sir Hugh Williams Baronet, and others, setting forth, "That the Petitioners presented their Petition to their Lordships on the 4th of March last, praying Leave to bring in a Bill for the Purposes therein mentioned; and it was ordered, that the Consideration of the said Petition should be referred to the Lord Chief Baron and Mr. Baron Perryn, to consider and report their Opinion thereupon: That the Petitioners prepared their Bill, but Mr. Baron Perryn being gone the Circuit, the Chief Baron was attended with the said Bill, who soon after went out of Town, intending to proceed on the said Bill on his Return, and the said Mr. Baron Perryn's from the Circuit: That upon the Return of the said Mr. Baron Perryn, he was so much indisposed as to be unable to proceed on the Consideration of the said Bill, and the Petitioners thereupon applied to have the said Order of Reference altered, by inserting the Name of Mr. Baron Hotham therein, in the Stead of Mr. Baron Perryn: That the said Judges have not been able to proceed on the Consideration of the said Bill, and the Petitioners will not be able to procure their Report before Wednesday next;" and therefore praying their Lordships, "That the Time for receiving the Report of the Judges may be enlarged to Wednesday the 20th instant:"
It is Ordered, That the said Report from the Judges be received on Wednesday the 20th instant, as desired.
Tollemache's Petition to enlarge Time for receiving Judges' Report.
Upon reading the Petition of the Honourable Wilbraham Tollemache, setting forth, "That the Petitioner presented a Petition to their Lordships on the 11th of March last, praying Leave to bring in a Bill for the Purposes therein mentioned; and it was ordered, that the Consideration of the said Petition should be referred to the Lord Chief Baron and Mr. Baron Perryn to consider and report their Opinion thereupon: That the Petitioner prepared his Bill, but Mr. Baron Perryn being gone the Circuit, the Chief Baron was attended with the said Bill, who soon after went out of Town, intending to proceed on the said Bill on his Return, and the said Mr. Baron Perryn's, from the Circuit: That upon the Return of the said Mr. Baron Perryn he was so much indisposed as to be unable to proceed on the Consideration of the said Bill; and the Petitioner thereupon applied to have the said Order of Reference altered by inserting the Name of Mr. Baron Hotham therein in the stead of Mr. Baron Perryn: That the said Judges have not been able to proceed on the Consideration of the said Bill, and the Petitioner will not be able to procure his Report before Tuesday next;" and therefore praying their Lordships, "That the Time for receiving the Report of the Judges may be enlarged to Tuesday the 19th instant:"
It is Ordered, That the said Report from the Judges be received on Tuesday the 19th instant, as desired.
Robb et al. against Thomson et al.
A Petition of Robert Robb and others, Appellants in a Cause depending in this House, to which William Thomson and others are Respondents, which stands appointed for Hearing, was presented and read, setting forth, That the Petitioners have lately discovered certain Errors in their Appeal: That the First Interlocutor appealed from is stated in the Appeal to have been dated the 20th of February last, whereas the same bears Date the 19th of February last; and the Second Interlocutor also appealed from is stated to have been dated the 8th of March last, whereas the same bears Date the 4th of March last; The said Appeal likewise states that the Lord Ordinary, by the said Second In terlocutor, superseded Extract till the 12th of June last, whereas it ought to have stated that he superseded Extract till the Third Sederunt Day in June next;" and therefore praying their Lordships, "That they may be at Liberty to amend their Appeal in the Particulars above-mentioned."
And thereupon the Agents on both Sides were called in and heard at the Bar;
And being withdrawn;
Ordered, That the Petitioners be at Liberty to amend their said Appeal in the Particulars above-mentioned, as desired, they amending the Respondent's Copy.
McInnes against Moir.
Upon reading the Petition of Janet McInnes, Apellant in a Cause depending in this House, to which Alexander Moir is Respondent, which stands appointed for Hearing, setting forth, "That the Petitioner having appealed to their Lordships from certain Interlocutors of the Court of Session in Scotland, finds herself, by reason of Poverty, unable to prosecute the said Appeal, unless she is by their Lordships admitted so to do in formâ pauperis; her Poverty is instructed by the Affidavit and Certificate annexed, as it will appear to their Lordships that the Petitioner has a good and probable Ground for proceeding in the said Appeal by a Certificate under the Hands of her Counsel, also annexed;" and therefore praying their Lordships, That she may be admitted to prosecute her said Appeal in formâ pauperis, and to assign for her Counsel Balandyne William Macleod and John Mackenzie, and for her Solicitor William Ross:"
It is Ordered, That the Petitioner be admitted to prosecute her Appeal in formâ pauperis in this House, as desired.
Dun against Young.
Upon reading the Petition of John Young, Respondent in a Cause depending in this House, to which James Dun is Appellant, which stands appointed for Hearing, setting forth, "That the Appellant is Tenant at Will of a large House in the City of Edinburgh, which belonged to the Respondent, and which he lately bargained to sell and convey to the Earl of Dalhousie, engaging to give his Lordship Possession thereof as at Whitsunday, or the 15th of May next, under a high Penalty, the Appellant being himself privy to the Bargain: That the Appellant upon certain frivolous Pretences having declared his Resolution not to quit the House, the Respondent brought his Action in the Court of Session, concluding for Decree of Removal, as at Whitsunday next; and obtained Decree accordingly: That against this Decree the Appellant thought proper to appeal to their Lordships, with a View to suspend the Execution of the Judgement till after the Term of Whitsunday, now fast approaching, and thereby distress the Respondent, or extort Money from him. The Respondent put in his Answer and set down the Cause for Hearing; and now makes this humble Application that it may be heard on an early Bye-Day, as it has been usual to consider Actions of Removing entitled here, as they are below, to Dispatch;" and therefore praying their Lordships, To order this Cause to be heard on Tuesday the 10th Day of May next, or on such other early Day as shall be thought most proper:"
It is Ordered, That this House will hear the said Cause by Counsel at the Bar, on Tuesday the 10th Day of May next, as desired.
Blackford's Bill.
The Earl of Moray reported from the Lords Committees, to whom the Bill, intituled, "An Act for establishing and confirming an Agreement between the Warden and Scholars Clerks of Saint Mary College of Winchester, near Winchester, in the County of Southampton, and their Lessee, and Robert Pope Blachford Esquire, for Exchange of certain Grounds in the Parish of Whippingham in the Isle of Wight and County of Southampton aforesaid," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."
Ordered, That the said Bill be engrossed.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, decimum octavum diem instantis Aprilis, horâ undecimâ Auroræ, Dominis sic decernentibus.
DIE Lunæ, 18o Aprilis 1785.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Spynie Claim of Peerage, Report from Committee:
The Lord Scarsdale reported from the Lords Committees for Privileges, to whom it was referred to consider of the Petition of William Fullarton Esquire, to His Majesty, claiming the Title, Honour, and Dignity of Lord Spynie, together with His Majesty's Reference thereof to this House; "That the Committee had met and considered of the said Petition to them referred, and had heard Counsel and examined Witnesses for the Petitioner, and also heard His Majesty's Attorney General and the Lord Advocate for Scotland on Behalf of the Crown, and had come to the following Resolution; (videlicet)
"Resolved, That it is the Opinion of this Committee, that although the original Creation of the Title, Honour, Dignity, and Peerage of Spynie has not been shewn, yet it sufficiently appears from the Act of Ratification 1592, the Charter 1593, and the Charter 1621, that the Descent was limited to the Heirs Male of Alexander Lord Spynie; consequently that the Claimant has no Right to the said Peerage."
Which Report, being read Twice by the Clerk, was agreed to by the House.
Resolution that the Claimant hath no Right to the Peerage.
Resolved and Adjudged by the Lords Spiritual and Temporal in Parliament assembled, That although the original Creation of the Title, Honour, Dignity, and Peerage of Spynie has not been shewn, yet it sufficiently appears from the Act of Ratification 1592, the Charter 1593, and the Charter 1621, that the Descent was limited to the Heirs Male of Alexander Lord Spynie, consequently that the Claimant has no Right to the said Peerage.
Ordered, That the said Resolution and Judgement be laid before His Majesty by the Lords with White Staves.
Exchequer Loans Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for raising a certain Sum of Money by Loans or Exchequer Bills, for the Service of the Year One thousand Seven hundred and eighty-five."
After some Time, the House was resumed:
And the Lord Scarsdale reported from the Committee, "That they had gone through the Bill, and directed him to report the same to the House, without any Amendment."
Exchequer further Loans Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for raising a further Sum of Money by Loans or Exchequer Bills, for the Service of the Year One thousand Seven hundred and eighty-five."
After some Time, the House was resumed:
And the Lord Scarsdale reported from the Committee, "That they had gone through the Bill, and directed him to report the same to the House, without any Amendment."
Blachford's Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for establishing and confirming an Agreement between the Warden and Scholars Clerks of Saint Mary College of Winchester, near Winchester, in the County of Southampton, and their Lessee, and Robert Pope Blachford Esquire, for Exchange of certain Grounds in the Parish of Whippingham in the Isle of Wight and County of Southampton aforesaid."
The Question was put, "Whether this Bill shall pass?"
It was resolved in the Affirmative.
Message to H. C. with it.
A Message was sent to the House of Commons, by Mr. Holford and Mr. Anguish:
To carry down the said Bill, and desire their Concurrence thereto.
Arun Navigation Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for amending and improving the Navigation of the River Arun, from Houghton Bridge in the Parish of Houghton in the County of Sussex, to Pallenham Wharf in the Parish of Wilsborough Green in the said County; and for continuing and extending the Navigation of the said River Arun, from the said Wharf called Pallenham Wharf to a certain Bridge called New Bridge, situate in the Parishes of Pulborough and Wisborough Green, in the said County of Sussex."
Ordered, That the said Bill be committed to the Consideration of the Lords following:
Their Lordships, or any Five of them, to meet on Friday next, at Ten o'Clock in the Forenoon, in the Prince's Lodgings, near the House of Peers; and to adjourn as they please.
Hanmer's Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act to effectuate a Partition of the Estates of Job Hanmer Esquire, the Reverend Erasmus Warren Clerk, and Sir Thomas Charles Banbury Baronet, in the County of Suffolk."
Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them, to meet on Wednesday the 4th Day of May next, at the usual Time and Place; and to adjourn as they please.
L. Milton's Estate Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for vesting a Cottage or Tenement used as and for a School House, and other Hereditaments in or near the Town of Milton, in the County of Dorset, in Joseph Lord Milton, and his Heirs, in Lieu of or in Compensation for a Messuage or Tenement and Garden situate and being in the Town of Blandford Forum, of greater Value."
Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them, to meet on Tuesday the 3d Day of May next, at the usual Time and Place; and to adjourn as they please.
Portsea Enclosure Bill.
Hodie 1a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Commons and Waste Lands called Frodington, otherwise Fraddington, otherwise Fratton Common, and South Sea Common and Wastes, in the Guildable Part of the Parish of Portsea and County of Southampton."
Brune et al. Leave for a Bill:
After reading and considering the Report of the Judges, to whom was referred the Petition of Charles Morton Pleydell Brune Esquire, and others; praying Leave to bring in a private Bill, for the Purposes therein mentioned:
It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.
Bill read.
Hodie 1a vice lecta est Billa, intituled, "An Act for vesting Part of the Estates entailed by the Will of Charles Brune Esquire, deceased, as lie in the County of Somerset, in Trustees to be sold, and for laying out the Money arising by such Sale in other Estates, to be settled in Lieu thereof to the like Uses."
Gordon against Gordon.
Upon reading the Petition of George Gordon, Appellant in a Cause depending in this House, and of Janet Gordon Respondent thereto, which stands appointed for Hearing, setting forth, "That both Parties are desirous that this Cause may be put off till after all the Causes already appointed;" and therefore praying their Lordships, "To put off the Hearing of this Cause till after all the Causes already appointed:"
It is Ordered, That the Hearing of this Cause be put off till after the Causes already appointed, as desired.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, decimum nonum diem instantis Aprilis, horâ undecimâ Auroræ, Dominis sic decernentibus.
DIE Martis, 19o Aprilis 1785.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Foleys against Grant et al.
The Lord Chancellor acquainted the House, "That the Judges were not yet prepared to answer the Question of Law put to them in the last Session of Parliament, upon the Hearing the Cause, wherein Andrew Foley and Thomas Foley an Infant are Appeallants, and John Grant and others are Respondents, and desired further Time for that Purpose."
Ordered, That the further Consideration of the said Cause, which stands for this Day, be adjourned to Wednesday the 27th Day of this instant April; and that the Judges do then attend to deliver their Opinions upon the said Question.
Coke's Bill.
A Message was brought from the House of Commons, by Mr. Jervois Clarke Jervois and others:
To return the Bill, intituled, "An Act for vesting certain Estates in the Counties of Kent and Somerset and in the City of London, devised by the Will of Thomas late Earl of Leicester, deceased, in Trustees to be sold, and for laying out the Money arising therefrom in the Purchase of other Estates, situate in the County of Norfolk, to be settled to the same Uses;" and to acquaint this House, That they have agreed to the same, without any Amendment.
Lizard Enclosure Bill.
A Message was brought from the House of Commons, by Mr. Kynaston and others:
With a Bill, intituled, "An Act for dividing and enclosing a certain Waste or Common called Lizard Common, within the Parish of Idsal otherwise Shiffnal in the County of Salop;" to which they desire the Concurrence of this House.
The said Bill was read the First Time.
Exchequer Loans Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for raising a certain Sum of Money by Loans or Exchequer Bills, for the Service of the Year One thousand seven hundred and eighty-five."
The Question was put, "Whether this Bill shall pass?"
It was resolved in the Affirmative.
Exchequer further Loans Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for raising a further Sum of Money by Loans or Exchequer Bills, for the Service of the Year One thousand seven hundred and eighty-five."
The Question was put, "Whether this Bill shall pass?"
It was resolved in the Affirmative.
Message to H. C. that the Lords have agreed to the Two preceding Bills.
And Messages were, severally, sent to the House of Commons, by Mr. Holford and Mr. Anguish:
To acquaint them, That the Lords have agreed to the said Bills, without any Amendment.
Portsea Enclosure Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Commons and Waste Lands called Frodington, otherwise Fraddington, otherwise Fratton Common, and South Sea Common, and Wastes in the Guildable Part of the Parish of Portsea and County of Southampton."
Ordered, That the said Bill be committed to the Consideration of the Lords following:
D. Manchester. E. Stamford. E. Abercorn. E. Bathurst. V. Sackville. |
L. Bp. Exeter. L. Bp. Bangor. L. Bp. Bristol. |
L. Sydney. L. King. L. Scarsdale. L. Hawke. L. Loughborough. L. Sommers. |
Their Lordships, or any Five of them, to meet on Thursday next, at Ten o'Clock in the Forenoon, in the Prince's Lodgings, near the House of Peers; and to adjourn as they please.
Clarke's Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for vesting the undivided Moiety of the Freehold and Copyhold Estates of William Clarke Esquire, deceased, devised by his Will for the Benefit of his Daughter Mary Forbes, and her Issue, in Trustees, for the Purposes therein mentioned."
Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them, to meet on Thursday the 2d Day of May next, at the usual Time and Place; and to adjourn as they please.
E. Aylesford's Exchange Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for exchanging Part of the settled Estate of Heneage Earl of Aylesford, in the County of Kent, for another Estate of greater Value in the same County, to be settled in Lieu thereof."
Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them, to meet on Friday the 6th Day of May next, at the usual Time and Place; and to adjourn as they please.
Sir J. Shelley's Estate Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for vesting Part of the settled Estates and such of the Estates of the Right Honourable Sir John Shelley Baronet, deceased, which upon his Death descended to his Son Sir John Shelley Baronet, an Infant, as his Heir at Law, in Trustees, for the Purposes within mentioned."
Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them, to meet on the same Day, at the same Place; and to adjourn as they please.
Borrett et Ux. Petition for further Time for receiving Judges' Report.
Upon reading the Petition of Thomas Borrett of Shoreham in the County of Kent Esquire, and Martha his Wife, setting forth, "That the Petitioners have this Session of Parliament presented a Petition to their Lordships for Leave to bring in a Bill for the Purposes therein mentioned; that the said Petition has been referred by their Lordships to the Lord Chief Baron of the Court of Exchequer and Mr. Baron Perryn, to consider and report; that their Lordships, upon a Petition presented by the said Petitioner, have enlarged the Time for receiving the Report of the said Judges upon the said Petition until Monday the 25th Day of this instant April; that Mr. Baron Perryn is confined to his House with the Gout, and is in so weak a State, he is unable to proceed in considering the said Petition so referred as aforesaid;" and therefore praying, "Their Lordships will be pleased to order that the said Petition for Leave to bring in the said Bill may be referred to the said Lord Chief Baron and to one other of the Judges to be named, instead of Mr.Baron Perryn, and that further Time may be allowed to the Judges to make their Report:"
It is Ordered, That the Reference of the said Petition to the Lord Chief Baron of the Court of Exchequer and Mr. Baron Perryn, be discharged, and that the said Petition be referred to the said Lord Chief Baron of the Court of Exchequer and Mr. Justice Buller to consider and report thereupon; and that the said Report of the Judges be received on Monday the 2d Day of May next.
McInnes against Moir.
A Petition of Janet McInnes a Pauper, Appellant in a Cause depending in this House, to which Alexander Moir is Respondent, was presented and read, setting forth, "That several Causes which stood for Hearing before their Lordships before this Cause, having been withdrawn or adjourned within these few Days past, this Cause has thereby been brought forward for hearing earlier than the Petitioner apprehended it would. That the Petitioner, by Reason of her Proverty, has not hitherto been able to get her Case prepared, and one of the Counsel, whom their Lordships have been pleased to assign her, and who was Counsel for her, and argued the Cause before the Court of Session, being expected to arrive soon in Town from Scotland, the Petitioner is very desirous to have his Assistance in arguing the Cause at their Lordships' Bar; and in Respect she cannot be prepared to hear the Cause in the Order in which it at present stands for hearing;" the Petitioner therefore prays, "Their Lordships will be pleased to adjourn the Hearing of this Cause to Thursday the 19th Day of May next, or to such other Day as to their Lordships shall seem meet:"
And thereupon the Agents on both Sides were called in and heard at the Bar; and being withdrawn:
Ordered, That the Hearing of the said Cause be adjourned to Monday the 2d Day of May next.
Tollemache, Leave for a Bill:
After reading and considering the Report of the Judges, to whom was referred the Petition of the Honourable Wilbraham Tollemache, praying Leave to bring in a private Bill, for the Purposes therein mentioned:
It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.
Bill read.
Hodie 1a vice lecta est Billa, intituled, "An Act to enable the Honourable Wilbraham Tollemache and the several other Persons therein mentioned, to grant building Leases of certain Parts of Lands and Herediments in the County Palatine of Chester, (devised by the Will of the Right Honourable Lionel late Earl of Dysart,) upon the Terms and Restrictions therein mentioned."
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, vicesimum diem instantis Aprilis, horâ undecimâ Auroræ, Dominis sic decernentibus.
DIE Mercurii, 20o Aprilis 1785.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Gammill against Wright.
After hearing Counsel in Part in the Cause wherein James Gammill Merchant in Greenock is Appellant, and George Wright of New York Merchant is Respondent:
It is Ordered, That the further Hearing of the said Cause be put off till To-morrow; and that the Cause which stands for To-morrow be put off to Friday next; and that the rest of the Causes, on Cause Days, be removed in Course.
Bp. Hereford's Exchange Bill.
The Lord Scarsdale reported from the Lords Committees, to whom the Bill, intituled, "An Act for confirming an Exchange agreed upon between the Lord Bishop of Hereford and the Right Honourable Charles Lord Sommers, of certain Estates in the County of Hereford," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and made some Amendments thereto."
Which Amendments, being read Twice by the Clerk, were agreed to by the House.
Ordered, That the said Bill, with the Amendments, be engrossed.
Lizard Enclosure Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for dividing and enclosing a certain Waste or Common called Lizard Common, within the Parish of Idsal, otherwise Shiffnal, in the County of Salop."
Ordered, That the said Bill be committed to the Consideration of the Lords following:
Their Lordships, or any Five of them, to meet To-morrow, at Ten o'Clock in the Forenoon, in the Prince's Lodgings, near the House of Peers; and to adjourn as they please.
Topp's Bill:
Hodie 2a vice lecta est Billa, intituled, "An Act for vesting Part of the Estates of John Topp Esquire deceased, in the Counties of Salop and Montgomery, in Trustees to be sold, pursuant to the Directions of the Court of Chancery, for Payment of his Debts and Legacies, and the Costs of Suit; and for discharging Part of the Estates so vested from a perpetual yearly Rent Charge, and for subjecting Part of the said John Topp's devised Estates to the Payment thereof."
Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them, to meet on Monday the 9th Day of May next, at the usual Time and Place; and to adjourn as they please.
Bp. Bangor et al. Petition for further Time for receiving Judges' Report.
Upon reading the Petition of John Lord Bishop of Bangor and others, setting forth, "That the Petitioners presented a Petition to their Lordships on the 4th of March last, praying Leave to bring in a Bill, for the Purposes therein mentioned; and it was ordered, That the Consideration of the said Petition should be referred to the Lord Chief Baron of the Court of Exchequer and Mr. Baron Perryn, to consider and report their Opinion thereupon: That the Petitioners prepared their Bill, but for the Reasons stated in their Petition on the 15th instant, the Name of Mr. Baron Perryn was struck out of their Lordships' Order of Reference, and Mr. Baron Hotham's inserted: That upon the said last Petition their Lordships were pleased to enlarge the Time for receiving the Judges Report to this Day: That Mr. Baron Hotham not being able to attend the said Chief Baron upon the said Petition and Bill, the Name of Mr. Justice Nares was inserted in the said Order of Reference, in the Stead of the said Mr. Baron Hotham: That the said Chief Baron and Mr. Justice Nares met upon the said Petition and Bill, but not having gone through the same, the Petitioners are afraid they shall not be able to procure the said Judges' Report before Friday next;" and therefore praying their Lordships, "That the Time for receiving the Report of the said Judges be further enlarged till Friday next:"
It is Ordered, That the said Report from the Judges be received on Friday next, as desired.
Inglis's Divorce Bill.
The Lord Scarsdale presented to the House (pursuant to an Order of Leave on the 17th of March last) a Bill, intituled, "An Act to dissolve the Marriage of John Inglis Esquire, with Ann Stewart his now Wife, and to enable him to marry again, and for other Purposes therein mentioned."
The said Bill was read the First Time.
Ordered, That the said Bill be read a Second Time on Thursday the 5th Day of May next, and that Notice thereof be affixed on the Doors of this House, and the Lords summoned; and that the said John Inglis Esquire may be heard by his Counsel at the said Second reading, to make out the Truth of the Allegations of the Bill, and that the said Ann Stewart may have a Copy of the Bill, and that Notice be given her of the said Second reading, and that she be at Liberty to be heard by her Counsel, what she may have to offer against the said Bill at the same Time.
Ordered, That Mary Antrim, Lydia Inglis, James Stewart, Jane Stewart, and Elizabeth Williams, do attend this House on Thursday the 5th Day of May next, in order to their being examined as Witnesses upon the Second reading of the Bill, intituled, "An Act to dissolve the Marriage of John Inglis Esquire with Ann Stewart his now Wife, and to enable him to marry again, and for other Purposes therein mentioned."
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, vicesimum primum diem instantis Aprilis, horâ undecimâ Auroræ, Dominis sic decernentibus.